If history is any guide, the long-term solution when the courts are aligned against liberal and progressive causes is not to “reform” the politics out of the courts, but, rather, to confront the courts through politics itself. It has worked before.
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At the Blog We started a symposium on Courts and Capitalism, carried over from the Democracy Beyond Neoliberalism conference. Kathryn Sabbeth initiated the proceedings with a detailed meditation on the many points at which our system of litigation privileges the development of rich people’s law and underdevelops poor people’s law. Matthew Dimick. . .
If CLS was right to point out that law is a form of politics, why does the separation between law and politics exist and persist in our contemporary capitalist society, practically and institutionally if not conceptually?
To understand courts’ relation to the reproduction of economic domination requires close investigation of how they actually work for different types of litigants.
On Monday, Christopher Ali argued that the history of rural electrification has more radical things to teach us about expanding access to rural broadband than is commonly assumed. On Tuesday, Erika Wilson compared the reproduction of school segregation–and “white island districts” in particular–to monopolization of an essential facility,. . .
In the two decades before the Hepburn Act’s enactment, two entities vied for the right to coordinate the price and distribution of coal. The first—a group known as the Joint Conference of Miners and Operators of the Central Competitive Field—was the child of the United Mine Workers.The second—a group of coal-hauling railroads known as the Seaboard Coal. . .
In my new article, Monopolizing Whiteness, I examine the causes and consequences of “white island districts,” i.e. those that enroll predominantly white and affluent student bodies, despite being in racially and economically diverse metropolitan areas. I theorize that white student segregation in districts like GPSD is a product of (what sociologists refer. . .
The history of rural electrification demonstrates why vital public utilities cannot be left to the machinations of the market. To achieve rural rural broadband, we must empower communities to connect themselves in the absence of private capital.
Understanding the law’s role in the project of Israeli colonization requires examining how distinct legal frameworks applied across a legally fragmented space can nevertheless share a common defining logic. One manifestation of this shared logic becomes evident by scrutinizing claims to land adjudicated by Israeli courts: Israeli state agencies and Jewish. . .
How can we fight for accountability when privatization is designed to allow the government and private contractors to evade just that? A recent lawsuit—and the campaign behind it—points to one underexplored answer.
Neoliberalism in France, the EU, and international investment law. Settler colonialism in Palestine. And a CFP for LPE scholars from a new journal!
In liberal-leftist discourses, both Zionist and otherwise, the pivotal year for what is called the Israeli-Palestinian conflict is 1967. Israel’s control over all aspects of Palestinians’ lives, both those who live within the ‘Jewish state’ and those who reside in the Occupied Territories, renders the 1967 paradigm not only unpersuasive, but ridiculous.. . .
Much attention has been rightly paid to the billions of dollars that the U.S. government hands over to Israel every year, regardless of Israel’s war crimes, or even the warnings of military and diplomatic experts’ that such support might harm U.S. strategic interests in the region. Less public scrutiny has been trained on the U.S. government’s indirect. . .
This post is part of our symposium on The Neoliberal Republic by Antoine Vauchez and Pierre France. Read all posts here. The Neoliberal Republic offers an insightful portrayal of how neoliberalism has permeated France in the past decades. The book helps us to grasp how the legal universe has been deeply implicated in the power…
This post is part of our symposium on The Neoliberal Republic by Antoine Vauchez and Pierre France. Read all posts here. Like many other new shiny things, it ended with disappointment. Emmanuel Macron’s victory in 2017 was hailed as the advent of ‘le nouveau monde’ vis-à-vis the old political elites—a glimmer of hope in the…
At the Blog Angela Harris, Amy Kapczynski, and Noah Zatz argued that LPE analyses are incomplete without tracking the way law shapes what counts as “the economy” and what is not. We began a symposium on Antoine Vauchez and Pierre France’s book The Neoliberal Republic on the emergence of French neoliberalism. Vauchez himself kickstarted the…. . .